Judicial Activism And The Expansion Of Socio- Economic Rights Under Article 21
- IJLLR Journal
- Mar 7
- 1 min read
Dr. Arun Kumar Verma, Assistant Professor, Department of Political Science, C.M.P. Degree College, University of Allahabad, Prayagraj (U.P.).
Abhay Tiwari, Research Scholar, Department of Political Science, C.M.P. Degree College, University of Allahabad, Prayagraj (U.P.).
ABSTRACT
Judicial activism has been the primary engine driving the transformation of Article 21 within the Indian Constitution, reshaping it from a narrowly construed procedural safeguard into a comprehensive source of substantive socio-economic rights. In the wake of the landmark interpretative shift initiated by Maneka Gandhi v. Union of India, the Indian judiciary has widened the scope and content of Article 21 to encompass essential rights such as livelihood, health, education, housing, nutrition, and the foundational value of human dignity. This research paper critically examines the evolution of Article 21 as a rights-generative provision and interrogates the constitutional legitimacy of such expansive judicial interpretation. Employing a doctrinal and analytical methodology, the study analyses key judicial pronouncements to identify the interpretative techniques adopted by the Court, including purposive construction, the harmonisation of Directive Principles of State Policy, and the doctrine of the living Constitution. While this expansion has undoubtedly strengthened constitutional protection for socio-economically marginalised groups, it has also blurred the line between constitutional interpretation and judicial legislation. The article argues that judicial activism under Article 21 can be normatively justified as a response to structural injustice but, in the absence of clearly articulated institutional limits, such an approach may raise concerns regarding democratic accountability and constitutional balance.
Keywords: Judicial Activism, Article 21, Socio-Economic Rights, Constitutional Interpretation, Judicial Overreach, Indian Constitution.
